State-by-State Chart of Landlord and Tenant Laws
State laws establish and enforce interactions between the landlord and tenant. Although these laws vary from state to state, they often cover most aspects of the landlord-tenant relationship, from security deposits to evictions. Landlord-tenant laws also shape tenant rights, landlord rights, and landlord responsibilities. Residential landlords and new tenants should understand these rules before renting to help avoid conflicts and disputes.
This article explores and explains landlord-tenant laws. It includes a state-by-state list of landlord-tenant laws in all 50 states and the District of Columbia.
Security Deposits
A security deposits is an amount of money a landlord requests before a tenant takes possession of their rental unit. The purpose of a security deposit is to protect the landlord against financial loss from nonpayment of rent or damage to the dwelling unit.
Most landlords ask for one or two month’s rent as a security deposit. In many states, the landlord must place the security deposit in an interest-bearing bank account until the end of the tenancy. After the tenant moves out, the landlord may use the deposit to cover damages beyond normal wear and tear.
Normal wear and tear refers to the natural degradation during a tenancy. Normal wear and tear includes, but is not limited to, the following:
- Faded carpet
- Broken blinds
- Scuffs on the wall
Landlords can deduct for actual damage, such as a large holes or issues that require extensive cleaning. The landlord must create an itemized list of any deductions made from the deposit. They must then send that list or statement to the former tenant with any remaining portion of the deposit. Most states have a specific period of time for landlords to return the deposit.
Landlords who fail to follow their jurisdiction’s security deposit laws risk facing legal action. Former tenants can sue landlords who don’t return the security deposit in small claims court. If the court favors the former tenant, the court can award damages and assess attorney’s fees or court costs.
Fair Housing
State laws often complement the federal Fair Housing Act(FHA). The Act is a federal law prohibiting discrimination in any aspect of a housing transaction, including rentals. The Act prohibits landlords from discriminating against a tenant or applicant based on a protected characteristic. The United States Department of Housing and Urban Development (HUD) enforces federal anti-housing discrimination laws. States enforce state anti-housing discrimination laws.
Protected characteristics include, but are not limited to, the following:
- Race
- Ethnicity
- Age
- Gender
- National origin
- Familial status
- Disability
- Sexual orientation or gender identity
Landlords can face both criminal and civil repercussions for discriminating.
The Implied Warranty of Habitability
Every renter has the right to live in a home fit for human life and health. Although the law reads a warranty of habitability into every lease, local laws often use housing codes to clarify a landlord’s obligations.
Under most local housing health codes, habitable homes must have the following features:
- Running water
- Hot water
- Working plumbing fixtures
- Working electrical systems
- Clean and safe common areas
If your landlord violates any of your local safety codes, you should notify your them in writing and give them a reasonable time to fix the issue. Contact your local housing authority for more help if they ignore your request.
Evictions
Landlord-tenant laws also cover evictions. Landlords cannot use self-help, like removing a tenant’s personal property, to remove a tenant from an apartment. They must use the eviction process.
Common reasons for evicting a tenant include, but are not limited to, the following:
- Unpaid rent
- Violating the terms of the lease agreement, including violating occupancy limits
- Illegal activity on the rental property
The first step in the eviction process is notifying the tenant. Landlords should give the tenant written notice of the reason for eviction and a reasonable time to fix the underlying problem or move out. The eviction notice should be sent via certified mail to provide proof of receipt.
If the tenant is nonresponsive, the landlord may file an eviction action in their local court. The court can issue a court order for the tenant to vacate the rental property. Local rules may affect notice periods, court processes, or tenant defenses.
State Landlord-Tenant Laws
Below are links to the official landlord-tenant statutes for all 50 states and D.C. To get started, choose a link from the list below:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
FindLaw’s Landlord-Tenant Law section also contains additional articles and resources.
Issues in a Landlord-Tenant Relationship? An Attorney Can Help
If you are facing a landlord-tenant issue, you are not alone. A qualified landlord-tenant attorney can help you navigate your state laws. They are experts in landlord-tenant law and can provide sound legal advice to protect your legal rights. Speak to an experienced landlord-tenant attorney for assistance with your situation.
Can I Solve This on My Own or Do I Need an Attorney?
- Many real estate processes can be handled on your own or with the help of a realtor
- Some tenant or neighbor disputes may need the help of local police
- Complex real estate issues (such as construction defects or illegal landlord actions) may need the support of an attorney
Buying or selling a home, facing foreclosure, or mortgage loan issues can benefit from legal expertise. An attorney can offer tailored advice and help prevent common mistakes.
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